Overview

• After repossession of her Kia K5, McCreary discovered Taylor Kia of Lima had not renewed its business name registration.
• McCreary registered “Taylor Kia of Lima” in her own name and issued a cease-and-desist to the dealership and its parent company.
• A lower court had dismissed her case under an arbitration clause in her purchase documents and sent the dispute to private arbitration.
• On July 31, the Third District Court of Appeals held that the naming claim is unrelated to the car sale and therefore not covered by the arbitration agreement.
• The naming claim has been returned to Allen County Common Pleas Court for further legal proceedings.